USPTO Patents Application 09913339

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

FIRST NAMED INVENTOR | ATTORNEY DOCKET NO. | CONFIRMATION NO.

APPLICATION NO.

FILING DATE

09/913,339

01/16/2002

Jose Duez

4743 7590 08/05/2004

MARSHALL, GERSTEIN & BORUN LLP
6300 SEARS TOWER
233 S. WACKER DRIVE
CHICAGO, IL 60606

28944/37661

8636

EXAMINER

]

PRUNNER, KATHLEEN J

ART UNIT

PAPER NUMBER

3751

DATE MAILED: 08/05/2004

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Advisory Action

Application No.

09/913,339

Applicant(s) \\ / \ / V
DUEZETAL

Examiner

Kathleen J. Prunner

Art Unit

3751

-The MAILING DATE of this communication appears on the cover sheet with the correspondence address

THE REPLY FILED 01 July 2004 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
Therefore, further action by the applicant is required to avoid abandonment of this application. A proper reply to a
final rejection under 37 CFR 1.113 may only be either: (1) a timely filed amendment which places the application in
condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for Continued
Examination (RCE) in compliance with 37 CFR 1.114.

PERIOD FOR REPLY [check either a) or b)]

a) O The period for reply expires months from the mailing date of the final rejection.

b) [E3 The period for reply expires on: (1) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later. In

no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.

ONLY CHECK THIS BOX WHEN THE FIRST REPLY WAS FILED WITHIN TWO MONTHS OF THE FINAL REJECTION. See MPEP

706.07(f).

Extensions of time may be obtained under 37 CFR 1 .1 36(a). The date on which the petition under 37 CFR 1 .1 36(a) and the appropriate extension
fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension
fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or
(2) as set forth in (b) above, if checked. Any reply received by the Office later than three months after the mailing date of the final rejection, even if
timely fifed, may reduce any earned patent term adjustment. See 37 CFR 1 .704(b).

1 .□ A Notice of Appeal was filed on . Appellant's Brief must be filed within the period set forth in

37 CFR 1.192(a), or any extension thereof (37 CFR 1.191(d)), to avoid dismissal of the appeal.

The proposed amendment(s) will not be entered because:

(a) S they raise new issues that would require further consideration and/or search (see NOTE below);

(b) □ they raise the issue of new matter (see Note below);

(c) £3 they are not deemed to place the application in better form for appeal by materially reducing or simplifying the

issues for appeal; and/or

(d) □ they present additional claims without canceling a corresponding number of finally rejected claims.

NOTE: See Continuation Sheet
3-D Applicant's reply has overcome the following rejection(s): .

4. D Newly proposed or amended claim(s) would be allowable if submitted in a separate, timely filed amendment

canceling the non-allowable claim(s).

5. D The a)D affidavit, b)D exhibit, or c)D request for reconsideration has been considered but does NOT place the

application in condition for allowance because: .

6. Q The affidavit or exhibit will NOT be considered because it is not directed SOLELY to issues which were newly

raised by the Examiner in the final rejection.

7. [3 For purposes of Appeal, the proposed amendment(s) a)^ will not be entered or b)D will be entered and an

explanation of how the new or amended claims would be rejected is provided below or appended.

The status of the claim(s) is (or will be) as follows:
Claim(s) allowed: None .
Claim(s) objected to: None .
Claim(s) rejected: 19-39 and 41-47 .
Claim(s) withdrawn from consideration: 40.

8. Q The drawing correction filed on isa)D approved or b)D disapproved by the Examiner.

9. Q Note the attached Information Disclosure Statement(s)( PTO-1449) Paper No(s). .

10. D Other:

U.S. Patent and Trademark Office

PTOL-303 (Rev. 11-03)

Advisory Action

Part of Paper No. 080304

Continuation Sheet (PTOL-303)

Application No. 09/913,339

Continuation of 2.

NOTE: The new issues are: the proposed amendments to lines 3-5 of claims 31 and 46.

The proposed amendment to the specification would be entered if resubmitted in a separate paper restricted thereto. It is noted that the
amendment did not respond to the requirement for the drawing corrections to be made in response to the Final Rejection. Amendments to
claims 31 and 46, made in accordance with the suggestions in paragraph 5 of the Final Rejection, would overcome the rejections under 35
USC 112, second paragraph.

^ Gene Mpnr^ne
Supervisor

6

-nfner

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